conditionally privileged communication
- conditionally privileged communication
-
A communication made in good faith on a subject in which the person communicating has an interest, or in reference to which he has a duty, to a person having a corresponding interest or duty, even though it contains matter which, without privilege, would be actionable as defamatory, and even though the duty is not a legal
one, but only a moral or social duty. Richardson v Gunby, 88 Kan 520, 127 P 533, quoting Townshend, Slander & Libel § 209; Mullens v Davidson, 133 W Va 557, 57 SE2d 1, 13 ALR2d 887.
A publication is conditionally or qualifiedly privileged where circumstances exist, or are reasonably believed by the defendant to exist, which cast on him the duty of making communications with certain other person to whom he makes such Communication in the performance of such duty, or where the person is so situated that it becomes right in the interest of society that he should tell third persons certain facts, which he in good faith proceeds to do. Faber v Byrle, 171 Kan 38, 229 P2d 718, 25 ALR2d 1379.
This type of a communication is a defamatory communication made on what is called an occasion of privilege without actual malice and as to such Communications there is no civil liability. Mullens v Davidson, 133 W Va 557, 57 SE2d 1, 13 ALR2d 887.
Ballentine's law dictionary.
Anderson, W.S..
1998.
Look at other dictionaries:
conditionally privileged communication — n: privileged communication (2b) Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
conditionally privileged communication — One made in good faith on any subject matter in which the person publishing has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty, even though it contains matter which otherwise would … Black's law dictionary
conditionally privileged communication — One made in good faith on any subject matter in which the person publishing has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty, even though it contains matter which otherwise would … Black's law dictionary
conditionally privileged communication — noun see privileged communication … Useful english dictionary
privileged communication — n 1: confidential communication 2 a: a defamatory communication that does not expose the party making it to the liability that would follow from it if not privileged – called also absolutely privileged communication; b: a defamatory stat … Law dictionary
privileged communication — noun 1. : a communication between parties to a confidential relation such that the recipient cannot be legally compelled to disclose it as a witness (as a communication between lawyer and client, physician and patient, husband and wife) called… … Useful english dictionary
privileged communication — A communication between persons in such a confidential relationship, be it attorney and client, physician and patient, or confessor and penitent, that public policy prohibits the disclosure thereof by the person to whom it was made, as a witness… … Ballentine's law dictionary
communication — com·mu·ni·ca·tion /kə ˌmyü nə kā shən/ n: the expression to another of information or thoughts through speech, writing, or gestures see also confidential communication, privileged communication Merriam Webster’s Dictionary of Law. Merriam Webster … Law dictionary
privileged communications — Those statements made by certain persons within a protected relationship such as husband wife, attorney client, priest penitent and the like which the law protects from forced disclosure on the witness stand at the option of the witness, client,… … Black's law dictionary
qualified privilege — See conditionally privileged communication … Ballentine's law dictionary
